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Simms v. Progressive Insurance Co.9/29/2004
This is a suit for damages by Sara Simms, a pedestrian who was struck by a vehicle driven by Charles Williamson. The jury allocated fault between Simms and Williamson at forty-five percent and fifty-five percent, respectively, and awarded Simms general damages totaling $897,000, to be reduced by her percentage of fault. Simms' husband received an award for loss of consortium in the amount of $103,000. Williamson and his insurers appealed. For the following reasons, we affirm the trial court's judgment as to the finding and allocation of fault, and we amend the award of damages.
FACTS
On July 19, 2000, Sara Simms was struck by a vehicle as she crossed Louisiana Highway 531 to check her employer's mail. The vehicle was driven by Charles Williamson, who was accompanied by his wife and grandson and was on his way to the airport in Shreveport. Neither Simms nor Williamson saw one another until a moment before impact. Williamson, who was traveling south along the highway, swerved to the left and into the opposite lane of travel in a last second attempt to avoid hitting Simms. Unfortunately, the rear passenger side of his vehicle hit Simms, sending her flying into the air and crashing on the hot pavement of the highway. Williamson's vehicle then collided into an oncoming vehicle driven by Richard Jason Perot and flipped over in a ditch along the highway.
Simms' injuries included multiple breaks in her left forearm and right lower leg, facial lacerations and abrasions, and burn injuries to her forearm from the hot pavement. She was transported by ambulance to a trauma center at Louisiana State University Medical Center ("LSUMC"), where she underwent surgery and remained hospitalized for approximately ten days.
Her injuries required other surgical procedures and treatment over the months following the accident. Simms was not released to return to work until January 2002.
Simms sued Williamson and his liability insurer, Progressive Security Insurance Company ("Progressive"). A jury trial resulted in a verdict finding both Williamson and Simms negligent and allocating fifty-five percent of the fault to Williamson and forty-five percent of the fault to Simms. The jury awarded damages to Simms as follows:
Past Medical Expenses $66,000 Past Lost Wages $21,000 Pain & Suffering - Past and Future, Physical and Mental $435,000 Permanent Scarring and Disfigurement $150,000 Loss of Capacity for Enjoyment of Life $225,000 Additionally, the jury awarded Simms' husband, Sidney Simms, loss of consortium damages in the amount of $103,000. Judgment was rendered in accordance with the jury's verdict on September 8, 2003.
Williamson and Progressive filed a motion for a new trial. It was denied. This appeal followed. Columbia Casualty Company, Williamson's excess insurer, joined in the appeal. Appellants seek review of the finding of liability on the part of Williamson, the trial court's refusal to remove certain jurors for cause, the trial court's refusal to allow the depositions of Sara Simms and Richard Jason Perot into evidence, and the award of damages. Appellants also seek correction of the judgment to limit Progressive's exposure to its policy limits plus interest.
DISCUSSION
Jury Selection
Appellants argue that the trial court erred during voir dire in refusing to remove six individuals for cause due to bias. They contend that these errors deprived them of a fair trial.
As provided in La. C.C.P. art. 1765(2), a juror may be challenged for cause when he "has formed an opinion in the case or is not otherwise impartial, the cause of his bias being immaterial." A trial judge is vested
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